View full sizeUAB students and others march during an immigration rally protesting the HB56 Alabama immigration law on campus, Wednesday, September 28, 2011. (The Birmingham News/Tamika Moore)

ATLANTA, Georgia -- The 11th Circuit Court of Appeals has stayed the parts of Alabama's immigration law that require carrying proof of lawful residency in the U.S. and tracking immigration information of newly enrolled students.

The court did not block provisions dealing with immigration status checks during traffic stops, contracts with illegal immigrants or government business transactions.

The court said the ruling does not bind the 11th Circuit panel that will hear the main arguments concerning the merits of the appeal.

The three-judge panel that ruled Friday included U.S. Appeals Court Judges Rosemary Barkett, Edward Carnes and Frank Hull. Carnes was born in Albertville and worked for several years in the Alabama Attorney General's office. Barkett, was born in Mexico, though her parents are from Syria. She emigrated to the U.S. with her family when she was six-years-old. Hull is a native of Augusta, Ga.

Carnes was appointed by President George H.W. Bush, Barkett and Hull were both nominated to the court by President Bill Clinton.

The court did not discuss the sections it did not block.

On the sections it did block, the court said the plaintiffs had met the four tests for an injunction, including: substantial likelihood they will prevail on the merits of the appeal; a substantial risk of irreparable injury to the parties unless the injunction is granted; no substantial harm to other interested persons; no harm to the public interest.

There have been reports from school systems across the state that Hispanic parents began withdrawing their children from school after a federal judge refused to block the school registration requirement.

The law required new students to show proof of citizenship or lawful immigration status at the time they enrolled. But schools were not allowed to deny students entry, if that information was not provided.

Following the ruling, the interim chief of Alabama's Department of Education directed schools to stop the practice called for in the immigration law.

"The United States Court of Appeals for the Eleventh Judicial Circuit entered an order today that stops the implementation of Section 28 of Alabama's Immigration Law pending resolution of the appeal," said interim state Superintendent Larry Craven. "All schools will cease to identify birth origin of students through birth certificates or affidavits as previously directed. Schools will revert to enrollment procedures in effect prior to September 29."

The other section that was blocked required people to carry proof they are in the U.S. legally. For "an alien unlawfully present:" failure to comply was a misdemeanor that carried a $100 fine and up to 30 days in jail.

Alabama Gov. Robert Bentley issued a statement this afternoon on the ruling.

"Today's decision by the 11th Circuit Court of Appeals is simply one more step in what we knew would be a lengthy legal process," Bentley said. "As I have said on many occasions, if the federal government had done its job by enforcing its own immigration laws, we wouldn't be here today. Unfortunately, by failing to do its job, the federal government has left the problem of dealing with illegal immigration to the states.

"Alabama needed a tough law against illegal immigration. We now have one. I will continue to fight to see this law upheld."

U.S. Attorney Joyce White Vance also commented on the decision this afternoon.

"Today, the Eleventh Circuit ruled in the United States' favor on two important provisions of the litigation over Alabama's Immigration law, HB56," she said. "The court blocked Section 10, which made it a misdemeanor for an alien to fail to carry registration documents. It also blocked Section 28, which required schools to determine a child's country of birth and the immigration status of his or her parents upon enrollment. Other provisions of the law remain in effect while the case is on appeal.

"We look forward to briefing the Eleventh Circuit on the merits of the appeal and believe that all of the provisions the United States has challenged in the Alabama law are preempted by the Constitution."

Alabama House Speaker Mike Hubbard, R-Auburn, said he was pleased by the ruling, but remains puzzled by opposition to the law from the Department of Justice.

"Once again, we're pleased that the majority and most effectual parts of this law will remain in place. We've said from the beginning that Alabama will have a strict immigration law and we will enforce it. Alabama will not be a sanctuary state for illegal aliens, and this ruling reinforces that.

"We also remain perplexed and disappointed at the Obama administration's hypocrisy on this issue. It would be amusing if not so harmful to our country. While the federal government sues to prolong and exacerbate the illegal immigration problem, Alabama is taking action to ensure the laws of our land are upheld."

David Blair, a member of the Huntsville school board, said the law would not have largely affected school practices, as school officials already requested to see birth certificates of new students to verify ages. The law would have asked school systems in Alabama to check immigration status and provide a count for an annual report to the Legislature. The law would not have blocked public education for students without proof of lawful immigration status.

However, Blair welcomed the ruling that removing schools from the debate.

"It's a good thing," said Blair. "It takes the fear factor out of what's going on."

A spokesman for the American Civil Liberties Union, which has argued against the law, offered a mixed reaction to the ruling.

"We are particularly relieved that the court has blocked the provision of the law that has had a devastating effect on children's access to schools, along with the documentation provision that has led to unjustifiable arrests and detention," said Omar Jadwat, senior staff attorney with the ACLU Immigrants' Rights Project. "We remain deeply concerned about the provisions that are still in effect, and are confident that we will ultimately succeed in overturning this entire unconstitutional scheme."

A joint statement issued by several groups who sued to block the law, including the Southern Poverty Law Center, the ACLU of Alabama and the National Immigration Law Center, said the law has already created a crisis in Alabama.

"We are pleased that the court blocked these damaging elements of the law. But portions of the law that remain in place will continue to exacerbate the humanitarian crisis in Alabama," the groups said. "In just two weeks that the law has been in effect, families have been fleeing the state, children have been pulled out of schools, and businesses have been put in jeopardy. This law sadly revisits Alabama's painful racial past and tramples the rights of all its residents."

The order issued shortly before noon by the Atlanta-based appeals court followed requests by the U.S. Justice Department and group of 36 plaintiffs to stay the law pending an appeal of an earlier federal court ruling that left much of it in place.